Petitioner filed a misc. petition under Section 482 Cr.P.C. for quashing an FIR registered for offences under Sections 420 and 406 IPC. The court dismissed the petition as infructuous since the challan was already presented.
Petition dismissed as infructuous; liberty granted to raise objections at appropriate stage.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 2896/2019
Arif Qureshi S/o Fajludin, Aged About 43 Years, B/c Muslim, R/o Ganesh Pura Deedwana Nagaur (Raj).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr.Kaushal Gautam, Adv. For Respondent(s) : Mr.Mukhtiyar Khan, PP Mr.Dharmpal, S.I., P.S.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
11/11/2019
The instant misc. petition under Section 482 Cr.P.C. has been filed by the accused-petitioner for quashing of FIR No.25/2019 dt. 01.03.2019 registered at Police Station Maulasar, District Nagaur for offence under Sections 420 & 406 IPC.
Learned Public Prosecutor submits that since the challan of the case has already been presented before the competent court so the present misc. petition has become infructuous.
Accordingly, the criminal misc. petition is dismissed as having become infructuous. Stay petition is also dismissed. However, the liberty is granted to the petitioner to raise all the objections at the appropriate stage of the trial.
(MANOJ KUMAR GARG),J
108-NK/-
1 issue framed by the court
Whether a quashing petition under Section 482 Cr.P.C. remains maintainable after the challan is presented in court.
1 provisions across 1 enactments
Arif Qureshi
State Of Rajasthan
Fateh Mohmmad
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
